Legal Opinion

Padgett v. State

Supreme Court of Arkansas

Decided October 23, 1916PublishedCited by 11 opinions

Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COUB.T. Appellant prosecutes this appeal from a judgment of conviction for the crime of assault with intent to kill one F. D. Worthington. On the night of January 11, 1916, at about 8 o’clock p. m., someone shot F. D. Worthington while sitting by the fire in his home at Beebe, White County, Arkansas.

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Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COUB.T. Appellant prosecutes this appeal from a judgment of conviction for the crime of assault with intent to kill one F. D. Worthington. On the night of January 11, 1916, at about 8 o’clock p. m., someone shot F. D. Worthington while sitting by the fire in his home at Beebe, White County, Arkansas. Immediately after the shooting a Mrs. Kimbro, who lived within two blocks of Worthington’s, testified that she saw two men going from his house. They passed by and she saw them by an electric light. They were walking very…

1Opinion of the CourtWood, J.

(after, stating the facts.) No objection is urged in the brief of counsel for the appellant to the instructions of the court. We assume therefore that the instructions were -correct.(1) Appellant contends that the evidence is not sufficient to sustain the verdict. The issue of fact as to whether or not the appellant shot Worthington, as charged in the indictment, was for the jury to determine. The court cannot say as a matter of law that there was no substantial testimony to sustain the verdict.

(2-3) Appellant urges in his brief that the court erred in not instructing the jury to disregard…

2Cases cited3 opinions

  1. Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
  2. Holub v. StateSupreme Court of Arkansas · 1915
  3. Woodward v. StateSupreme Court of Arkansas · 1907

3Cited by11 opinions

  1. Terrell v. StateCourt of Special Appeals of Maryland · 1968
  2. Cranford v. StateSupreme Court of Arkansas · 1917
  3. West v. StateSupreme Court of Arkansas · 1921
  4. Jenkins v. StateSupreme Court of Arkansas · 1935
  5. Fox v. StateSupreme Court of Arkansas · 1923

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